Michael A. Conviser and Barbara L. Conviser - Page 4




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               3.   Petitioners' Share of the Discharge of Indebtedness               
                    Income                                                            
               Petitioners' pro rata share, as one-third shareholders in              
          Mikama, of Dove Canyon's discharge of indebtedness income was               
          $678,170 for 1992 and $396,257 for 1993.  Petitioners' allocable            
          share of the Mikama loss was $228,330 for 1993, $50,091 for 1994,           
          and $623 for 1995.                                                          
               4.   Petitioners' Basis in Mikama                                      
               Petitioners increased their basis in Mikama by the amount of           
          their discharge of indebtedness income and claimed losses from              
          Mikama of $228,330 in 1993, $5,032 in 1994, and $623 in 1995.               
          Petitioners also carried over losses of $368,188 to 1994 and                
          $269,101 to 1995.  Petitioners' basis in Mikama, without taking             
          into account the discharge of indebtedness income, was $357 on              
          December 31, 1993, $537 on December 31, 1994, and $6 on December            
          31, 1995.                                                                   
               The parties agree that, if petitioners may not increase                
          their basis in Mikama by their share of the Dove Canyon discharge           
          of indebtedness income, petitioners' deficiencies in income tax             
          are $4,204 for 1993, $16,571 for 1994, and $12,437 for 1995.  The           
          parties also agree that if petitioners prevail and as a result              
          may increase their basis in Mikama by the discharge of                      
          indebtedness income, no deficiencies in income tax are due from             
          petitioners for 1993, 1994, and 1995.                                       
                                     Discussion                                       
               In Nelson v. Commissioner, supra, we held that a shareholder           
          of an insolvent S corporation may not increase his or her basis             

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